cannabisnews.com: Pending Bill Would End Pot-Trial Confusion
Pending Bill Would End Pot-Trial Confusion
Posted by CN Staff on April 28, 2006 at 06:38:05 PT
By Josh Richman, Staff Writer
Source: Oakland Tribune
Oakland -- Supporters of marijuana activist and author Ed Rosenthal, whose felony convictions were overturned Wednesday by a federal appeals court, said Thursday that a pending House bill would save the government millions while ensuring nobody else need endure what he and his jurors did. A "Truth in Trials Act," now before the House Energy and Commerce Committee's Health Subcommittee, would let federally prosecuted defendants in states with medical marijuana laws mount an "affirmative defense" — that is, admit they grew or possessed the drug but argue they did so for medical purposes and so deserve less or no punishment.
But an earlier version of the same bill, with more than twice as many co-sponsors, died in subcommittee last session. And given the Food and Drug Administration's finding last week that no proper studies support marijuana's medical use — a finding the drug's advocates say is politically, not scientifically, motivated — the bill seems to have a tough row to hoe this time around, too. Famed for his marijuana cultivation books and the "Ask Ed"column he wrote for High Times magazine, Rosenthal, now 61, was convicted of three marijuana-growing felonies in 2003, more than a year after federal agents raided sites including his Oakland home, an Oakland warehouse in which he grew marijuana and a San Francisco medical marijuana club he supplied. Medical use of marijuana on a doctor's recommendation is legal under state law, but federal law prohibits it. Rosenthal was barred from mounting a medical defense at trial. During deliberations, a juror troubled by the idea of convicting Rosenthal consulted a friend who happened to be an attorney, and was advised that she could "get in trouble" for deviating from the judge's instructions. She shared that advice with another juror. The 9th U.S. Circuit Court of Appeals ruled Wednesday that this tainted the deliberations, compromising Rosenthal's constitutional right to a fair trial and verdict. The court overturned his convictions and remanded the case for a new trial. Prosecutors have not yet decided what to do. Americans for Safe Access, an Oakland-based medical marijuana advocacy group, helped defend Rosenthal. ASA legal campaign director Kris Hermes said Thursday that if Rosenthal's jurors had not felt the wool was being pulled over their eyes by a justice system unwilling to let Rosenthal tell his whole story, the confusion leading to the juror's misconduct would not have existed. Joe Elford, ASA's legal counsel and one of Rosenthal's lawyers, said giving jurors the whole story would have saved the federal government untold resources spent on the appeal; spared Rosenthal years of fear and federal probation; and spared jurors the anguish they said they felt at being railroaded into convicting a man they believed should have gone free. Rosenthal said Thursday the ruling left him "really joyful. It's good not to be a felon, my innocence restored." But most medical marijuana defendants lack the community support and publicity he had, he noted, and the federal war on drugs has left prisons brimming with nonviolent marijuana offenders. His case is "just one more story in that sad tale of 750,000 arrests each year," he said. Note: House act promotes milder punishment for medicinal cultivators.Complete Title: Advocates Say Pending Bill Would End Pot-Trial ConfusionSource: Oakland Tribune, The (CA)Author: Josh Richman, Staff WriterPublished: April 28, 2006Copyright: 2006 MediaNews Group, Inc. and ANG NewspapersContact: triblet angnewspapers.comWebsite: http://www.oaklandtribune.com/Related Articles & Web Sites:Americans For Safe Accesshttp://www.safeaccessnow.org/Ed Rosenthal's Pictures & Articles http://freedomtoexhale.com/trialpics.htm'Ganja Guru' Rosenthal's Conviction Overturnedhttp://cannabisnews.com/news/thread21783.shtml Court Overturns 'Guru of Ganja's' Convictionhttp://cannabisnews.com/news/thread21782.shtmlTwist Ends Medical Marijuana Casehttp://cannabisnews.com/news/thread16545.shtml
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Comment #22 posted by FoM on April 28, 2006 at 17:24:42 PT
Good and Bad
All the news is bad and the world seems selfish and bleak and then we get a new album by Neil Young and you read this and you know that good will always outshine bad.Neil cried in Pegi's arms.***Excerpt: Neil Young's new album, a collection of anti-Bush anthems featuring the bluntly worded single "Let's Impeach the President," started in a hotel room. "I went down to the coffee machine and there was USA Today," Young tells Rolling Stone. "The cover showed a large military craft converted into a flying hospital. The caption said something about how we are making great strides in medicine as a result of the Iraq conflict. That just caught me off guard, and I went upstairs and wrote 'Families' for one of those soldiers who didn't get to come home. Then I cried in my wife's arms. That was the turning point for me."Rolling Stone Interview: http://tinyurl.com/qpzdw
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Comment #21 posted by FoM on April 28, 2006 at 13:54:05 PT
Two Good Reviews of Living With War
Neil Young Reviewedhttp://www.alternet.org/blogs/themix/35614/***Neil Young Clobbers the Thought Policehttp://www.prwatch.org/node/4758
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Comment #20 posted by FoM on April 28, 2006 at 11:42:15 PT
Dankhank
Have a great day sharing this wonderful music!
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Comment #19 posted by whig on April 28, 2006 at 11:42:13 PT
Mexico proposes decriminalizing pot and cocaine
http://tinyurl.com/klme5Excerpt:MEXICO CITY (Reuters) - Owning marijuana, cocaine and even heroin will no longer be a crime in Mexico if the drugs are carried in small amounts for personal use, under legislation passed by the Congress.Police will not penalize people for possessing up to 5 grams of marijuana, 5 grams of opium, 25 milligrams of heroin or 500 milligrams of cocaine, under a bill passed by senators late on Thursday and earlier approved by the lower house.People caught with larger quantities of drugs will be treated as narcotics dealers and face increased jail terms under the plan.The government says the measure allows police to focus on major drug dealers, and President Fox is expected to sign it into law.
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Comment #18 posted by Dankhank on April 28, 2006 at 11:40:08 PT
buying
I have much Neil also ...going out to deliver the first copy ....
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Comment #17 posted by FoM on April 28, 2006 at 11:36:42 PT
DankHank
Like Neil says. You can only keep what you give away. He gives us his music free and guess what? I buy all of it!
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Comment #16 posted by FoM on April 28, 2006 at 11:34:56 PT
DankHank
I will order it this weekend. They might even make a documentary I read. Go Neil!To Order from Amazon: http://tinyurl.com/ob3zq
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Comment #15 posted by Dankhank on April 28, 2006 at 11:27:35 PT
listening
just heard flags of freedom ... chillin'have three copies on CD now and will make more ...thanx, Neil ... you rock ....
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Comment #14 posted by FoM on April 28, 2006 at 11:18:34 PT
DankHank
The song Flags of Freedom reminds me of Bob Dylan's Chimes of Freedom. Let's Impeach the President sizzles.
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Comment #13 posted by FoM on April 28, 2006 at 10:52:10 PT
Dankhank
I burned one for my husband too. I don't know how long the download will be available. I still am totally overwhelmed by this. I have been listening to it since I got it this morning. Unbelievable. I can't tell you which songs I love best. They are all great. Way to go Neil.http://joost.rusties.net/LWW/
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Comment #12 posted by dankhank on April 28, 2006 at 10:45:52 PT
Neil's CD
I'll have a copy on CD just as soon as I fire up the burner ..Peace to Neil, and all who fight the good fight ...
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Comment #11 posted by FoM on April 28, 2006 at 10:21:48 PT
Off Topic: About Living With War
I want to agree with this comment from a list I read faithfully all the time. I also burst into tears when they sang America The Beautiful. I have it on CD now and it is great. I hope others get to listen to it too.http://launch.groups.yahoo.com/group/rust/message/159287
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Comment #10 posted by Hope on April 28, 2006 at 09:39:32 PT
Well
at least it's Walter's blood this time.Paul, I'm surprised to hear that he helped your friend get in the "Compassionate Use" program. That's interesting food for thought.
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Comment #9 posted by FoM on April 28, 2006 at 09:36:32 PT
Hope
That's what I thought too.
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Comment #8 posted by Hope on April 28, 2006 at 09:32:43 PT
Grassley
wants blood. More blood.
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Comment #7 posted by Max Flowers on April 28, 2006 at 09:29:07 PT
Excellent work, Paul
Thank you for all that you're doing!
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Comment #6 posted by FoM on April 28, 2006 at 08:46:21 PT
Snipped Source: Here It is
Grassley Asks Bush to Fire Nation's Drug CzarJohn Walters has not done enough to fight meth, the senator says.April 27, 2006Washington, D.C. — In a rare slap at a top administration official, Republican Sen. Charles Grassley of Iowa called Wednesday for President Bush to fire the nation's drug czar, John Walters.Grassley has been critical of Walters for some time, saying he has not acted fast enough to combat the rising use of methamphetamine, which is more prevalent in the West and Midwest than in other parts of the nation.Grassley, a senior member of the Senate generally loyal to Bush administration policy, is the chairman of the Senate Caucus on International Narcotics Control. He held a hearing Tuesday on the impact of meth on the child welfare system.In a conference call with Iowa reporters, Grassley said: "I think the president ought to fire the drug czar." He said that he wrote Walters calling for more action on meth, and that the response he received was "basically, bureaucratic mumbo jumbo."Walters and the Office of National Drug Control Policy continue to place much more emphasis on fighting marijuana use, said Grassley."Marijuana obviously is a very big drug problem, particularly with the more pure marijuana that's out there now," Grassley said. "But the mind-altering aspects of meth are just tremendous, and the change of personality that comes, and the danger of it that comes, particularly when it's domestically made."Snipped:Complete Article: http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20060427/NEWS09/604270381/1001/archive
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Comment #5 posted by whig on April 28, 2006 at 08:41:36 PT
URL for Paul Peterson
http://tinyurl.com/zz7ta
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Comment #4 posted by paulpeterson on April 28, 2006 at 08:34:57 PT:
FoM
Check out what Iowa Senator Chuck Grassley has been quoted as saying in the press (AP), Des Moines Register yesterday. He wants Bush to fire John Walters, the drug czar-because of the misplaced focus on marijuana rather than methamphetamines, which are more addictive and dangerous. This is a senior ranking Republican from Iowa making big waves-the article needs to be posted here, please.Also please note that Chuck Grassley is the Republican Senator that was instrumental in getting my local friend admitted to the IND program in 1991. My friend has MS and gets 1/2 pound of federal grown product every month. Grassley is wise enough, of course, to note that marijuana, in its strongest form, is still a problem for children, etc., but at least his office has been sentitized to the issue of medical marijuana for the last two decades.The fact that he was willing to be as vocal as he is right now as a detractor of the current focus against marijuana over meth means there are serious cracks forming in the wall.I will meet with his local office people next week. I promised to fax a copy of my local ordinance for decriminalization and medical exemption to their office.Grassley has been in contact with Joe Biden (D) of Delaware on this issue, meaning we may have a bipartisan coalition forming-remember that after my lobbying efforts in 2001 & 2002 I finally got Senator Dick Durbin (D) of Illinois to be THE Senate supporter of federal medical marijuana legislation. I'll bet we see something more happening there soon, as more independent minded senators start to speak up about prioritizing law enforcement efforts against the more serious plagues-like meth. (And boy, am I glad I mentioned meth as an "aggravating factor" in my local ordinance-so I can resonate with Chuck Grassley on this one-having already shown in print that I agree with his sense of priority.)I will update you people on whatever action I can get started from this side of the Mississippi. Over and out. PAUL PETERSON
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Comment #3 posted by FoM on April 28, 2006 at 07:40:39 PT
Whig
I know! I know! I know but I forgot! LOL!I love the new album. I am not fair and balanced though.
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Comment #2 posted by whig on April 28, 2006 at 07:22:37 PT
What kind of medicine would help with that?
Don’t need no dizzinessDon’t need no nauseaDon’t need no side effects like diarrhea or sexual deathDon’t need no more lies
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Comment #1 posted by FoM on April 28, 2006 at 07:05:14 PT
Off Topic: Living With War
I am posting the new album on my web site to help promote it. Have a great day everyone.Lyrics: http://www.freedomtoexhale.com/lww.htmListen To Living With War: http://www.freedomtoexhale.com/war.htm
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